Legal Question in Family Law in Virginia

Death and Iassets

My husband has a child from a first marriage. Would she be entitled to his assets, even though we bought it together and I have a child?


Asked on 10/10/06, 3:48 am

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Death and Iassets

This is actually a Wills and Estates question, not a Family law question.

In Virginia any child of his is his heir. If he dies without a Will, the Virginia Intestate Laws provide that when a man dies with a wife but children of different mothers, wife gets half children get half.

The easiest solution (not that I advocate disinheriting one of his children) is for you and he to own real estate as Tenants by the Enterities - which means you get the whole asset when he dies - and then he could always write a Will leaving the rest of his estate to you. One can do whatveer one pleases in a Will, the problems come in when there is no will and "blended" families from many sources.

Good luck.

Read more
Answered on 10/10/06, 2:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia